Feb 13, 2020
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Granted Appeal Summary
JAMES G. DAVIS CONSTRUCTION CORPORATION v. FTJ, INC., F/K/A
CIESCO, INC. (Record Number 190345)
Circuit Court of Arlington County; L. DiMatteo, Judge.
Stephen M. Seeger and Alexandra E. Busch (Peckar & Abramson,
PC) for appellant. R. Scott Caulkins and Greta P. Iliev (Caulkins
& Bruce, PC) for appellee.
Assignments of Error
- The trial court erred as a matter of law by ruling that there
was no consideration for the JCA which governed the payment
obligations and expectations of DAVIS, H&2 Drywall, and Ciesco,
because the JCA gave Ciesco assurances that monies would be paid to
Ciesco, and that H&2 Drywall could not abscond with monies it
owed to Ciesco.
- The trial court erred as a matter of law by ruling that DAVIS
was unjustly enriched by Ciesco’s delivery of drywall materials to
H&2 Drywall because Ciesco had no reasonable expectation to be
paid by DAVIS for the balance of monies owed by H&2 Drywall to
Ciesco for those materials given Ciesco’s prior written
acknowledgment that DAVIS would not pay for materials except to the
extent it owed money to H&2 Drywall, and the trial court
determined that no monies were due from DAVIS to H&2
- The trial court erred as a matter of law in determining that
DAVIS was unjustly enriched by Ciesco’s delivery of drywall
materials to H&2 Drywall because DAVIS paid the full amount of
the Subcontract for H&2 Drywall’s completed scope of work,
which included the drywall materials, in accordance with the
express, written Subcontract.
Source Document: http://www.courts.state.va.us/courts/scv/appeals/190345.pdf